Regulation 41 Investigations by the appropriate authority on its own behalfI1

England and Wales

(1)

This regulation applies if the appropriate authority is required by virtue of—

(a)

any determination made by that authority under regulation 24(3) (whether following the recording of a complaint or on a reference back under regulation 23(2)) or under regulation 26(9); or

(b)

any determination made by the F1IOPC DG under regulation 38 (power of the IOPC DG to determine the form of an investigation),

to make arrangements for a complaint, recordable conduct matter or DSI matter to be investigated by the appropriate authority on its own behalf.

(2)

This regulation also applies if—

(a)

a determination falls to be made by that authority under regulation 28(8), 29(9) or 33(2) in relation to any recordable conduct matter or under regulation 37(2) in relation to any DSI matter; and

(b)

the appropriate authority determines that it is necessary for the matter to be investigated by the authority on its own behalf.

(3)

Subject to paragraph (4), it shall be the duty of the appropriate authority to appoint—

(a)

an NCA officer; or

(b)

a person serving with the police,

to investigate the complaint or matter.

(4)

The person appointed under this regulation to investigate any complaint or matter—

(a)

in the case of an investigation relating to any conduct of the Director General; or

(b)

in relation to which the relevant officer is the Director General,

must not be an NCA officer.

Annotations

Textual amendments

F1: Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 30(2)(a) (with regs. 30(3), 37)

Commencement

I1: Reg. 41 in force at 7.10.2013, see reg. 1(1)